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Fresh Frosh / Nov. 19, 2007 at 9:03 pm

Why can’t Lauren Cohn be sued?

Were you friends with Lauren Cohn on Facebook? Are you worried that she may have found out something about you that law enforcement officials may have a problem with?

Unfortunately, there isn’t a whole lot you can do about it, except to protect yourself in the future.

The infiltration of the Northwestern network on Facebook surprised many. Lauren Cohn had more than 200 Facebook friends, yet there is no record that she ever attended NU. This could be viewed as a minor issue, but there could be some serious repercussions for those of you who had a few too many drunken pictures posted.

Some have proposed that legal action be taken against the creator of the account. The problem with legal action, however, is that there is hardly any to be taken. The only law “Lauren Cohn” broke was in her agreement with Facebook. The terms of use for the site clearly state:

“You [the user] agree not to use the Service or the Site to… impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.”

Legal action, however, would not be cost effective or beneficial for Facebook. According to U.S. Legal, lawsuits for breach of contract are, as civil actions, intended to replace any losses that the breach may have caused, essentially restoring the injured party to its original position. Although Facebook could sue whoever created the account, it would gain nothing from the hassle.

Others who read about Cohn thought that the perpetrator could be charged with entrapment. This also fails to pass muster. Entrapment is not a charge, but rather a defense, used to help a jury ignore evidence in a trial. If a Northwestern student was punished for something Cohn “saw” on Facebook, the student couldn’t plead entrapment.

Entrapment only applies when someone “is induced or persuaded by law enforcement officers or their agents to commit a crime that he/she had no previous intent to commit,” according to Black’s Law Dictionary. So if Lauren saw you drinking at a party, she didn’t make you do it – you’re still guilty.

Also on NBN

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Comments

  1. thank you for this incisive c+p journalism

    urdumb

    November 26, 2007 at 11:06 pm

  2. It was a question I heard a lot, so it was my job to answer it.

    Aubrey Blanche

    November 27, 2007 at 10:16 am

  3. inb4 Phaiye Blaount

    anon

    October 5, 2009 at 1:38 pm

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